246 Pa. Code § 515

Current through Register Vol. 54, No. 24, June 15, 2024
Rule 515 - Request for Order for Possession
A. If the magisterial district judge has rendered a judgment arising out of a non-residential lease that the real property be delivered up to the landlord, the landlord may, after the 15th day following the date of the entry of the judgment, file with the magisterial district judge a request for an order for possession. The request shall include a statement of the judgment amount, return, and all other matters required by these rules.
B.
(1) Except as otherwise provided in subdivision B(2), if the magisterial district judge has rendered a judgment arising out of a residential lease that the real property be delivered up to the landlord, the landlord may after the 10th day but within 120 days following the date of the entry of the judgment, file with the magisterial district judge a request for an order for possession. The request shall include a statement of the judgment amount, return, and all other matters required by these rules.
(2) In a case arising out of a residential lease, if before the landlord requests an order for possession,
(a) an appeal or writ of certiorari operates as a supersedeas; or
(b) proceedings in the matter are stayed pursuant to a bankruptcy proceeding or other federal or state law; and
(c) the supersedeas or the bankruptcy or other stay is subsequently stricken, dismissed, lifted, or otherwise terminated so as to allow the landlord to proceed to request an order for possession,

the landlord may request an order for possession only within 120 days of the date the supersedeas or the bankruptcy or other stay is stricken, dismissed, lifted, or otherwise terminated.

246 Pa. Code § 515

The provisions of this Rule 515 amended through June 30, 1982, effective 8/16/1982, 12 Pa.B. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended March 28, 1996, effective 3/29/1996, 26 Pa.B. 1691; amended April 5, 2002, effective 7/1/2002, 32 Pa.B. 2207; amended April 17, 2020, effective 9/1/2020, 50 Pa.B. 2252; amended August 19, 2020, effective 1/1/2021, 50 Pa.B. 4491 and 4502; amended December 4, 2020, effective 1/1/2021, 50 Pa.B. 7129; amended June 4, 2021, effective 1/1/2022, 51 Pa.B. 3337.